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ID Form Instructions 8379: What You Should Know

Complete your name, Social Security Number, and marital status. Injured Spouse Allocation is defined in the second page of the form. File the form electronically using the tax software that will work for you, but be warned, you may not be entitled to all of your return if you were improperly allocated a portion of a refund. To receive an allocation that would be paid to you on your return only, you must complete Part II (Form 8379) and attach either a check for the overpayment or a copy of the Notice of Amount Overpayment (Form 8370). If you received a Form 8370 or a tax bill, you must attach a copy to your forms. See page 3 of Form 8379. You will not receive the entire refund on any particular joint return. If you received a Check for Overpayment (Form 5380), you'll be able to check the box to ask us to divide your payment between you and your spouse. Can I File a “Claim For Bankruptcy” (Form 8821) on the Return? If your total tax due on each individual return for the year is 1,000 or less, you can use a “Claim for Bankruptcy” (Form 8821). Note: You may need to complete Form 8821 after filing Form 8379 and attaching an Overpayment Notice (Form 8370). If you're filing jointly, then you must include the Claim for Bankruptcy on your joint return. After you pay your credit balance owing on your credit card bills, bank account deposits, or other loans, attach  Form 8821 to line 30 (Form 8379) and attach an Overpayment Notice (Form 8370): “Claim for Bankruptcy” (Form 8821) with an IRS Credit Statement It's worth noting that there are some states (e.g., South Dakota, Tennessee, Washington) that require you to file a separate claim for bankruptcy  in addition to filing the tax return. This is a form to be filled out and posted to the court. The tax refund must be paid both to the account and the account must be filed. How Do I File a Claim for Bankruptcy? Check the box to request and attach the claim(s) by  Form 6252 and Form 8821. You must also file a written claim for bankruptcy with the court.

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